The Memphis Police Department has asked the state’s regulatory body that oversees law enforcement to decertify the six now former officers who were fired for their connection to the night of Tyre Nichols’ violent arrest.
Nichols died in the hospital on Jan. 10, three days after five of those officers, all now charged with second degree murder, were shown on video punching, kicking and striking him with a baton.
If Tennessee’s Peace Officer Standards and Training Commission (POST) revokes their professional license, they could no longer be hired as police officers in the state.
MPD most recently requested the state to decertify Preston Hemphill on Wednesday, according to documents submitted to the commission.
Hemphill took part in the initial traffic stop of Nichols. He was dismissed from MPD Feb. 3 for violating policies related to truthfulness, personal conduct and the use of his Taser, among others. The decertification request includes paperwork from Hemphill’s internal administrative hearing with MPD that provides more information about the violations.
It says that Hemphill and the two other officers at the initial scene made “no attempt to approach [Nichols] in a manner consistent with the nature of the alleged act,” of reckless driving.
The officers’ used physical force to detain Nichols, who MPD says was “not armed, did not initiate any physical force or verbal threats, was not physically resisting arrest and did not pose an immediate threat.”
After being pepper sprayed, Nichols ran from the officers, crossing a street. Hemphill’s use of his Taser at this point, MPD says “put everyone involved at risk of serious bodily injuries due to oncoming traffic.”
Comments made by Hemphill caught on body camera such as him referring to Nichols and saying “I hope they stomp his a**,” MPD says are “unprofessional and unbecoming of a sworn public servant.”
Hemphill is also accused of not giving an accurate account of the incident on a form submitted to MPD and for giving conflicting statements about whether he witnessed Nichols reach for another officer’s weapon–an accusation that is not supported by video evidence.
An attorney for Hemphill has previously said in a statement that his client is cooperating with investigators.
More details about the violent actions of the other five officers–Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith– emerged earlier this weekwhen documents requestingtheir decertification were released.
According to the documents, all five officers used excessive force as they took Nichols into custody. Paperwork from the various officers’ administrative hearings note that they are shown on camera boasting and laughing about their conduct and with a "lack of concern" for Nichols. They are accused of not “immediately assisting emergency medical personnel with the request to unhandcuff [Nichols] as his condition changed while left unattended on the ground.”
Haley faced an additional administrative charge for taking photos of Nichols after he was detained and sat injured and bloodied. According to MPD’s investigation, Haley sent a photo to multiple people.
He, as well as Martin are also accused of being untruthful about claims that Nichols reached for Martin’s gun. MPD says there is no evidence of this on video.
The president of the Memphis Police Association, the union that represents officers, said in a statement read at their discipline hearings that MPD violated due process by holding the hearings before the internal investigation and the external one by the Tennessee Bureau of Investigation was finished and by not allowing a viewing of body camera footage. At that point, the city had not released any of it publicly.
Smith submitted a written statement at his hearing saying he assisted in the arrest of Nichols, who he called “violent” and said “would not comply.”
Seven other MPD personnel are currently under administrative investigation for the incident.
The POST has not yet established a decertification hearing date for the officers.
